THE WORLD

 Timeline Of Gay and Lesbian Marriage, Partnership or Unions Worldwide

 

Last updated: Tuesday June 17, 2008
 
 

LATEST DEVELOPMENTS

2008 (May).  Legislation was passed in Norway that gives same-sex couples the legal right to marry.  The upper house of the Norwegian parliament passed the legislation by a 23-17 majority on May 17.  Since 1993, same-sex couples have been able to enter into Civil Unions (see above).  The new law, which includes adoption and artificial insemination,  will come into effect on January 1, 2009.

2008 (May).  In USA, the first same-sex civil marriages in California took place just after 5pm (local time) on Monday June 16 in a handful of counties.  However, most counties started issuing licences on June 17.  Massachusetts already has same-sex marriages, but there are residency qualifications.  In California there are no restrictions.

2008 (May).  California looks to becoming the second state in the USA to recognise gay marriage following a 4-3 decision by the State Supreme Court ruling that it is unconstitutional to deny same sex couples the right to marry.  First same-sex marriages could take place in mid-June, if there is no further court challenge.  Republican Governor Arnold Schwarzenegger said that he accepted the ruling of the court.

2008 (April).  The first "gay marriage" in Latin America took place in an Uruguay courthouse when Adrian Figuera and Juan Carlos Moretti exchanged vows in front of judge Estrella Perez.

 


 

This "timeline" has been compiled by UK Gay News, with invaluable assistance from readers in Australia, Canada and Austria, from many websites.  It reflects all known legislation worldwide, whether "strong" or "weak" that impacts on same-sex couples in a long-term relationship from 1979 to the present time.  It should be noted that there are varying degrees of "equality"

If there are any omissions, inaccuracies or new legislation, please let us know (editorial @ ukgaynews.org.uk - remove the spaces). 

Please note that this listing is NOT copyright and can be freely used - credit of source is appreciated.


1979.  The Netherlands introduced the "Unregistered Cohabitation" law which was the framework for the introduction over several years of limited legal rights for same-sex couples in areas such as income tax, social security, rent law, immigration rules and state pensions

1989.  Denmark becomes the first country in the world to legally recognise gay relationships with its Registreret Partnerskab, with most (but not all) rights enjoyed by married couples.  But church ceremonies are not permitted neither is adoption.

1993. Norway  introduces Registrert Partnerskap which is similar to Denmark.

1994.  Sweden introduces Registrerat Partnerskap - based on the Danish "model".

1996.  Iceland introduces Staðfest Samvist, again similar to Denmark.

1996.  Greenland, a self-governing part of Denmark, introduces  Registrert Partnerskap.

1996.  Hungary becomes the first country in the former Eastern European Bloc to introduce benefits for same-sex couples. The Unregistered Cohabitation Amendment to Civil Code gave all unmarried "common law" couples, including same-sex couples, limited rights and benefits which have to be applied for to the local government. Partnership legislation currently being discussed

1998.  The Netherlands introduces Geregistreerd Partnerschap (registered partnerships) for both heterosexuals and homosexuals, giving couples the same rights and responsibilities as for married couples.

1999.  France introduces a Pacte Civil de Solidarité or PaCS (civil contract)  that gives some rights to cohabitating couples of all sexualities.  Taxation, inheritance and adoption are not included in these rights.

2000.  Vermont becomes the first state in the USA to introduce legislation recognising same-sex couples.  Vermont Civil Unions give same-sex couples the same life insurance, health care and child custody benefits as married couples.

2000.  Belgium introduces Cohabitation Légale/Wettelijke Samenwoning/Gesetzliches Zusammenwohnen (Legal Cohabitation) for same sex couples giving them the same rights and responsibilities as for married couples.

2001.  In January in Canada, what is thought to be the world's first 'gay marriage' in a church took place in Toronto  (the MCC church in the city on January 14, Douglas in Toronto kindly tells us).  The ceremony was subsequently ruled "legal" by three Ontario Court of Appeal judges (2003).  Other Canadian provinces introduced same sex marriage until earlier this year when the Parliament brought-in same-sex marriage nationally, confirming judicial rulings in some, but not all, provinces.  A footnote to the Ontario Court of Appeal ... Canada's leading national newspaper, the Globe and Mail,  named the three jurists as "Nationbuilders of the Year" for their decision.

2001.  The Netherlands becomes the first country in the world to introduce full civil marriage for same sex couples.

2001.  Portugal introduces União de Facto / Economia Comum (Union of Fact/Common Economy) which extends to same-sex couples the same rights as heterosexual couples living in a de facto union for more than two years.  Very limited rights.

2001.  Germany introduces Eingetragene Lebenspartnerschaft (Registered Life Partnerships) for same-sex couples.  This includes the same inheritance and tenant rights as enjoyed by married couples.

2002.  Finland introduces Rekisteröity Parisuhde which is similar to Denmark to almost complete the Nordic countries recognition of same-sex couples in a partnership - the exception being the Faroe Islands (self-governing part of Denmark).

2003.  Belgium introduces full same-sex marriage.

2003.  In Canada, an Ontario court rules that same-sex marriages are legal (the 2001 wedding at the Toronto MCC church was now legal).  British Columbia and Québec embrace same-sex marriage.

2003.  In Croatia, a law comes into force for same-sex civil unions whereby partners who have been together for at least three years can enjoy the same benefits as unmarried cohabiting opposite sex couples which are limited.

2003.  In Buenos Aires, Argentina same sex partnerships were introduced.  While the 350 or so same-sex couple in the capital city have taken advantage and enjoy most of the rights enjoyed by married couples (it does not include the right to adopt or inheritance rights, as these are federal matters), the remainder of the country is without any recognition.  However, the Argentine Congress is currently going through the legislative process of implementing a new form of marriage aimed at same-sex partners, but will also be available to heterosexual couples.  When passed, it will apply to the entire country.

2003.  On the orders of the European Court of Human Rights, Austria gives cohabiting same-sex partners all the rights of unmarried cohabiting heterosexual partners (Karner v Austria)

2003.  The Supreme Court of the Commonwealth of Massachusetts in the USA ordered state authorities to issue marriage licences for same-sex couples – and in 2004 this became effective.  However, while same-sex marriages are legal, there are moves to ban them.

2004.  The city of Portland in Oregon (USA) began issuing marriage licences to same-sex couples.  But an amendment to the state constitution was passed by the electorate in a referendum.  The same happened in San Francisco, but this was short-lived following a court case.

2004.  Luxembourg introduces Loi Relative aux Effets Légaux de Certains Partenariats (Law Relating to the Legal Effects of Certain Partnerships) which is based on the French PaCS.

2004.  Brazil/Rio Grande do Sul - Civil union (see below)

2004.  Tasmania in Australia introduces registered relationship or civil unions for all, regardless of sexuality, but with strict residency conditions. Tasmania's Relationships Act gives same-sex relationships equal status to heterosexual marriages under nearly all state laws, and covers areas such as property transfers and superannuation.

2004.  Switzerland introduces Eingetragene Partnerschaft/Partenariat Enregistré/Unione Domestica Registrata (registered partnerships) which give same-sex couples the same rights as heterosexual couples in terms of pension, insurance and taxation. Adoption by same-sex couples is specifically not included.

2004.  The United Kingdom Parliament passes legislation for “Civil Partnerships” which closely mirrors the Civil Marriage Act, but does not allow religion to form part of any ceremony. Civil Partnerships are virtually same-sex marriage in all but name and the legislative process was perhaps one of the least provocative anywhere, probably because the word "marriage" was not used.  Under a different law, adoption by same-sex couples is permitted (adoption by gay men or women as individuals has always been permitted, but law was amended so that both people in a civil partnership can jointly adopt).

2004.  New Zealand Parliament passes an act that permits Civil Unions between same-sex couples.

2005 (March).  Andorra introduces Unió Estable de Parella (stable union of [a] couple).  This is open to both same-sex and opposite-sex couples. Proof of a stable relationship is required to register with the 'Registry of Stable Unions'.  Registered couples have most - but not all - of the rights enjoyed by married couples. 

2005 (April).  New Zealand civil union law comes into force.

2005 (April).  Connecticut becomes the second state in the USA to permit same-sex civil unions, despite the state constitution specifically defining “marriage” as being between a man and a woman.

2005 (June).  Spain passes legislation permitting same-sex marriage, with couples able to adopt.  The legislation was enacted within weeks.

2005 (June).  Slovenia introduces Zakon o Registraciji Istospolne Partnerske Skupnosti or ZRIPS (Law on the registration of same-sex unions/partnerships) for "Registered Same-Sex Partnerships".  Very limited rights around property, the obligation to support the weaker partner and partial inheritance rights.  Not included are next-of-kin or social security rights.

2005 (June).  Canada introduces legislation that includes same-sex couples in marriage (and it applies throughout the country) following a bitter debate in Parliament which came close to bringing down the government.  Some provinces had already introduced same-sex marriage, with the United Church of Canada, the MCC and Unitarian churches offering ceremonies. Adoption by same-sex couples is permitted.  Where Canada arguably has the best legislation in the world is in the fact that anyone can get married in Canada, regardless of nationality or country of residence. However, there is no right of a Canadian citizen to bring a spouse into the country if he or she married outside of Canada.  See also 2001 for Canada's (and probably the world's) first same-sex marriage in a church) and 2003 for first "legal" recognition..

2005 (November).  Australian Capitol Territory (Canberra) in Australia approves civil unions for same-sex couples.  But unlike the legislation in Tasmania, there is no residency requirement.  The Federal Government  blocked the Civil Unions Act six months later on the grounds it contravened the Commonwealth Marriage Act.

2005 (December).  The Australian Defence Force (military) introduced for same-sex couples the same benefits as heterosexual partners in areas like housing and education assistance, and relocation.  The areas of inequality that remain unaddressed are superannuation and Veterans Affairs (compensation upon death or injury)

2005 (December).  Belgium introduces legislation that allows same-sex couple to adopt children. 

2005 (December).  High Court in South Africa rules that preventing same-sex couples from getting married was unconstitutional – and gives the government 12 months to bring into effect the necessary legislation.  National Assembly passed the Civil Union Bill on November 14, 2006.

2005 (December).  UK Civil Partnership Act 2004 becomes law.  Same sex couples are permitted to give “notice of intention” of registering civil partnerships from December 5.  First civil partnership registrations/ceremonies in the UK are on December 19 in Northern Ireland, with Scotland following the next day, and England and Wales on December 21.  However, in the Western Isles region of Scotland, registrars are refusing to perform civil partnership registrations on moral grounds - and the council is backing the registrars

2005 (December).  Latvia becomes the first country in Europe and the European Union to define marriage as being between a man and a woman.  The Constitutional Amendment passed its Parliamentary process on December 15 and now goes to the President for final approval.

2005 (December). Czech Republic Partnership Bill passed by Chamber of Deputies on December 16.  The Bill now has to go before the Senate by mid-January 2006.  If it fails at the Senate, it returns to the Deputies and then, after further approval, it can go directly to the President for signing.

2006 (January).  Czech Republic Partnership Bill passed by the Senate (January 26) with a 45-14 majority (six Senators abstained).  BUT ... President Vaclav Klaus has indicated (January 29, 2006) he will not sign the Bill into law.

2006 (February).  Czech Republic Partnership Bill vetoed by President Vaclav Klaus (February 16)

2006 (March).  Czech Republic Partnership Bill saved by the Chamber of Deputies in Parliament when President's veto was set aside, with 101 of the 171 deputies present voting in favour (March 15). To overturn a presidential decision, the Chamber of Deputies has to record an absolute majority of its 200 elected members - so the reversal was 'won' by one vote - the absolute minimum. 

2006 (July).  Slovenia's Zakon o Registraciji Istospolne Partnerske Skupnosti or ZRIPS (Law on the registration of same-sex unions/partnerships) came into effect.  Severe restrictions include no one, including family, can attend the registration.  Very limited rights around property, the obligation to support the weaker partner and partial inheritance rights.  Not included are next-of-kin or social security rights.

2006 (October). In the United States, the New Jersey Supreme Court ruled 4-3 that "the State must provide to committed same-sex couples, on equal terms, the full rights and benefits enjoyed by heterosexual married couples".  The court ordered politicians to either amend the existing marriage laws to include same-sex couples or to introduce same-sex "civil unions" within 180 days.

2006 (November).  In South Africa, the National Assembly passed the Civil Unions Bill by a more than convincing 230-41 margin on November 14.  The Bill now has to be approved by the National Council of Provinces before it can be signed into law by President Thabo Mbeki.  The deadline set by the Constitutional Court for introduction is Thursday November 30, 2006.

2006 (November).  In Mexico City, a local law was passed recognising same-sex civil unions. The legislation was published in the 'Official Gazette' on November 16 after being signed by the Mayor of Mexico City three days previously.  The law comes into effect in February 2007 - and does not apply throughout Mexico.

2006 (November).  In South Africa, the Civil Unions Bill passed National Council of Provinces on November 28 to complete its legislative process.  The voting margin was 34-11 (with one abstention).  The Bill was signed into law by Acting President Phumzile Mlamblo-Ngcuka and is now an Act - and has immediate effect.

2006  (December).  Australian Capitol Territory (Canberra) in Australia tables a revised bill to legally recognise same-sex relationships (see November 2005 above).

2006 (December).  The New Jersey Assembly on December 14 voted 56-19 to introduce Civil Unions, which would give same-sex couple all the rights of a married couple. Later in the day, the State Senate approved 23-12.  Gov. Jon Corzine signed the legislation on December 21 and Civil Unions for same-sex couples becomes law on February 19, 2007.  It will give all the rights and responsibilites of marriage, but not the title.

2007 (January).  In Switzerland, the federal Partnership Law came into effect on January 1.  Eingetragene Partnerschaft/Partenariat Enregistré/Unione Domestica Registrata gives pension, inheritance and tax rights and obligations to same-sex couples who register their parnerships..

2007 (January).  Norway introduced a law (January 1) that will allow The Norwegian Humanist Association to perform "marriages" between same-sex couples.  The Humansists have been conducting legal marriages of heterosexuals couples since December 2004, providing that one of the partners was a Humanist member (there have been more than 1,000 such ceremonies).  The new law removes the membership requirement - and is expanded to include same-sex couples whose commitment will be legally recognised as a Registrert Partnerskap.

2007 (January).  Mexico.  The northern state of Coahuila introduced “Civil Solidarity Union” (same sex unions).  The law was passed on January 11 and Coahuila was the second area of Mexico to introduce such legislation (Mexico City was the first - see November 2006).  In February, Coahuila amended its law to allow same-sex couple throughout Mexico to register their unions in the State.

2007 (February).  Italy.    In a special Cabinet meeting on February 8, the Italian government approved a 'same sex union' measure similar to that in France.  The new legislation, which has to be passed by Parliament, will recognise relations between gays as well as unmarried heterosexual couples and others who choose to live together, granting rights in areas like inheritance and health care.

2007 (May).  Oregon (USA).  Governor Ted Kulongoski signed House Bill 2007 - Oregon Family Fairness Act on May 9.  This Bill introduces domestic partnerships for same-sex couples and is effective from January 1, 2008.

2007 (December).  Hungary's Parliament approved same-sex partnerships.  From January 2009, same-sex couples may register their civil partnership and have the same rights as married heterosexual couples in inheritance, taxation and other financial matters.

2007 (December).  In Uruguay, the Senate unanimously approved legislation to introduce Civil Unions for both same-sex couples and heterosexuals.  Couples will be eligible to form civil unions after living together for five years. They will have rights similar to those granted to married couples on such matters as inheritance, pensions and child custody.  President President Tabare Vazquez signed the legislation on December 28.  The law is effective from January 2008.

2008 (April).  The first "gay marriage" in Latin America took place in an Uruguay courthouse when Adrian Figuera and Juan Carlos Moretti exchanged vows in front of judge Estrella Perez.

2008 (May).  California looks to becoming the second state in the USA to recognise gay marriage following a 4-3 decision by the State Supreme Court ruling on May 15 that it is unconstitutional to deny same sex couples the right to marry.  First same-sex marriages could take place in mid-June, if there is no further court challenge.  Republican Governor Arnold Schwarzenegger said that he accepted the ruling of the court.

2008 (May).  In USA, the first same-sex civil marriages in California took place just after 5pm (local time) on Monday June 16 in a handful of counties.  However, most counties started issuing licences on June 17.  Massachusetts already has same-sex marriages, but there are residency qualifications.  In California there are no restrictions.  

2008 (May).  Legislation was passed in Norway that gives same-sex couples the legal right to marry.  The upper house of the Norwegian parliament passed the legislation by a 23-17 majority on May 17.  Since 1993, same-sex couples have been able to enter into Civil Unions (see above).  The new law, which includes adoption and artificial insemination,  will come into effect on January 1, 2009.


■  Legislation is pending in the Republic of Ireland (Civil Partnership) and Liechtenstein.

Brazil.  It is difficult to fit this country into a "timeline" as there is no specific national legislation for same-sex unions.  However same-sex couples do have many rights that come as a result of anti-discrimination laws, and via the courts.

Brazilian law gives same-sex couples the right to inherit their partner's pension and social security benefits.  Providing they can establish with the National Social Security Institute they are in a "stable union", they will be treated no differently from a married couple on retirement or death.  The policy also allows people in same-sex relationships to declare their partners as dependents on  income tax returns. All this is as a result of a court ruling and is not enshrined in specific law.

The state of Rio Grande do Sul has a "civil union registry" as a result of a court decision in March 2004.  Same-sex couples in committed relationships are able to register at any notary public office. Although it does not affect federal rights, it gives same-sex couples more equality in many areas. Same-sex couples who register have the right to jointly own property, establish custody of children, and claim the right to pensions and property when one partner dies. 

USA.  Another complex country, in this case as a result of having 50 states, all with differing laws.  Many states have implemented some degree of equality, especially in the workplace/pensions/health fields with domestic partner benefits.  The majority of states have implemented constitutional amendments or laws defining "marriage" as being between a man and a woman, thus preventing in introduction of "same-sex marriage".  As noted above, Connecticut has this definition, but this year introduced a form of civil partnership for same sex couples.  Massachusetts introduced same-sex marriage on the order of the state's Supreme Judicial Court in 2004.  There are moves to bring into effect either a redefinition to a "partnership" or bring in a law/amendment that would in effect reverse the court decision.  Vermont was the first state to introduce same-sex partnerships (2000).  On October 25, 2006, the Supreme Court in New Jersey ruled that politicians must either amend the State's existing marriage laws to include same-sex couples or to introduce 'Civil Unions' - within 180 days. On December 14, the Civil Union measure passed the State Assembly and Senate with  substantial majorities. Gov. Jon Corzine signed the legislation on December 21, 2006 and the law will be effective from February 19.  In Oregon, Governor Ted Kulongoski signed the State's "Domestic Partnership" legislation (House Bill 2007 - Oregon Family Fairness Act) on May 9, 2007.  It become effective on January 1, 2008.  The New Hampshire legislature has approved Civil Unions, and the measure is awaiting the signature of Gov. John Lynch - he has said he will sign it.

The National Gay and Lesbian Task force has an "Anti Gay-Marriage Measures in the USA" map which shows states that is correct to November 15, 2005.

See also the Freedom to Marry website for information on USA.

 

ACKNOWLEDGEMENTS

Thanks especially to ILGA-Europe for their assistance in compiling this listing.  This listing will be kept up to date as other countries bring in legislation.  Please let us know of any developments - as well as any errors or omissions above.

Also thanks to Geoffrey Williams of Australia's The Pink Broad for input on the situation "Down Under" - and in Brazil.

From Toronto, Douglas and Jim have spotted errors in our Canadian entries and provided additional information - corrections and additions have been made and Argentina was added thanks to "Yvon".

Kurt of the Homosexuelle Initiative (HOSI) in Wien (Vienna) provided invaluable information and clarification on Europe.

This list can be freely used, either with or without attribution.

FURTHER READING

ILGA-Europe website

Homosexuelle Initiative (HOSI) website - in German.  The site contains an overview of Europe (German)

Equal: New Defence PolicyThe Pink Broad on the Australian Defence Force regulations that came into effect on December 1 and gives military personnel in a same-sex relationship some of the rights enjoyed by heterosexual serving members.  Also,
Gay Veterans: The Fight for Equality looks at the continuing inequality for ADF retired personnel.

Argentina: The 'Final Battle' for Gay and Lesbian Rights, by Marcela Valente (IPS News Service, Italy)
 

 

 

 

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Posted: 5 December 2005 at 20:30 (UK time)  Last updated: 10 May 2007

 

 

 

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